Improper Blood Test: Statutory Requirements

There are specific procedures that must be followed in performing a blood test.  The person who draws the blood must be qualified to do so, and occasionally the state may have trouble identifying this person.  The test must also be performed on a machine with all of its parts attached and in good working order by someone authorized by the crime lab to perform the test.  The most common technique is gas chromatography, which is discussed in greater detail elsewhere on this site.  The strictures on breath tests are fewer. However, even when a problem is discovered, most Georgia judges will rule that the issue "goes to weight, not admissibility," and let the jury resolve the issue.

For more information about blood testing in Georgia, click on the link under "Lab Mistakes."

More Ways to Beat a DUI in Georgia

Improper Stops

• Tips or Anonymous Calls
• Mistake of law
• Failure to maintain lane
• Stopping the wrong car
• Stopping for a hunch or just felt like it
• Stopping a vehicle for a different reason than the officer claims

Improper Arrest

• Improperly Administered Field Sobriety Tests
• Coerced Field Sobriety Tests
• Medical-Physical Conditions
• Illegal Extension of Stop
• Videos Don't Support Arrest Report

Improper Blood Test

• Proper Request
• Lab Mistakes

Improper Breath Test

• Rules
• Certification
• Certification of Machine
• Interferents
• Machine Not Calibrated
• Machine Malfunction

Procedural Mistakes

• Mirandize/Read Your Rights
• Implied Consent Warning
• Witness Appearance
• Inconsistent Statements by Law Enforcement Officer
• Expert Witness